Art. 48. Penalty for complex crimes.

— When a single act constitutes two or more grave or less grave

felonies, or when an offense is a necessary means for committing the other, the penalty for the most
serious crime shall be imposed, the same to be applied in its maximum period.
The 2 or more grave or less grave felonies must be the result of a single act, or an offense must be a
necessary means to commit the crime.

Complex crime – one crime only as there is only one criminal intent – only one information need be
filed.
2 kinds of complex crimes:
a) compound crime – single act constitutes 2 or more grave or less grave felonies
Requisites:
1) that only one single act is committed by the offender

2) that the single act produces

a) 2 or more grave felonies

b) one or more grave and one or more less grave felonies

c) 2 or more less grave felonies

b) complex crime proper – when an offense is a necessary means for committing another

Requisites:

1) that at least 2 offenses are committed

2) that one or some of the offenses must be necessary to commit the other

3) that both or all the offenses must be punished under the same statute

No single act in the following cases:

a) When 2 persons are killed one after the other, by different acts, although these 2 killings were the
result of a single criminal impulse, the different acts must be considered as distinct crimes.

b) When the acts are wholly different, not only in themselves, but also because they are directed
against 2 different persons, as when one fires his gun twice in succession, killing one and injuring the
other.

Light felonies produced by the same act should be treated and punished as separate offenses or may
be absorbed by the grave felony.

Examples:

a) several light felonies resulting from one single act – not complex
Juan hit Pedro’s car, resulting in several light injuries and light felony of damage to property. No complex
crime because the crime of slight physical injuries and damage to property are light felonies. There are
as many crimes as there are persons injured w/ light physical injuries and as many penalties as there are
light felonies committed, even though they are produced by a single act of the offender.

b) when the crime is committed by force or violence, slight physical injuries are absorbed.

Examples of complex crimes:

a) Juan was a barangay captain who was killed while discharging his duty, the crime is a complex
crime of homicide w/ assault upon a person of authority.

b) Juan raped Petra, causing her physical injuries w/c required a month’s worth of medical attention.
This is a complex crime of rape w/ less serious physical injuries. The injuries were necessary to the
commission of the rape.

when in obedience to an order, several accused simultaneously shot many persons, without evidence
how many each killed, there is only a single offense, there being a single criminal impulse.
when various acts are executed for the attainment of a single purpose w/c constitutes an offense,
such acts must be considered only as one offense.

Example: Juan falsified 100 warehouse receipts from April to June which enabled him to swindle the
bank of 100 million. There’s only one complex crime of estafa through multiple falsification of
documents.

There is no complex crime of arson w/ homicide

Art 48 is applicable to crimes through negligence

Example: Juan lit a cigarette as he poured gas in the tank of his car in his garage. The gas caught fire and
the house burned. His sister died and the maid suffered serious physical injuries. The crimes of arson,
homicide, serious physical injuries and damage to property constitute a complex crime. There is only
one penalty but there are 3 civil liabilities.

No complex crime when one of the offenses is penalized by a special law

Example of complex crime proper (at least 2 crimes must be committed):

Kidnapping the victim to murder him in a secluded place – ransom wasn’t paid so victim was killed.
Kidnapping was a necessary means to commit murder. But where the victim was taken from his home
for the sole purpose of killing him and not for detaining him illegally or for the purpose of ransom, the
crime is simple murder.

“Necessary means” does not mean “indispensable means”. Indispensable would mean it is an element
of the crime. The crime can be committed by another mean. The means actually employed (another
crime) was merely to facilitate and insure the consummation of the crime.

When in the definition of a felony, one offense is a means to commit the other, there is no complex
crime.
Ex. Murder committed by means of fire. Murder can be qualified by the circumstance of fire so no
complex crime even if Art 321 and 324 punishes arson. It’s plain and simple murder.

Not complex crime when trespass to dwelling is a direct means to commit a grave offense. Like rape,
there is no complex crime of trespass to dwelling with rape. Trespass will be considered as aggravating
(unlawful entry or breaking part of a dwelling)
No complex crime when one offense is committed to conceal another

Example: Juan set the school on fire after committing homicide. 2 crimes.

When the offender had in his possession the funds w/c he misappropriated, the falsification of a
public or official document involving said funds is a separate offense. But when the offender had to
falsify a public or official document to obtain possession of the funds w/c he misappropriated, the
falsification is a necessary means to commit the malversation.
There is no complex crime of rebellion with murder, arson, robbery or other common crimes. They are
mere ingredients of the crime of rebellion – absorbed already.
When 2 crimes produced by a single act are respectively within the exclusive jurisdiction of 2 courts of
different jurisdiction, the court of higher jurisdiction shall try the complex crime.

Example: Although the forcible abduction which was supposedly commenced in Manila was not proven,
and although the rape which was proven was actually committed in Cavite, still the RTC of Manila had
jurisdiction to convict the accused of rape. The complex crime of forcible abduction with rape was
charged in the complaint on the basis of which the case was tried.

Art. 48 is intended to favor the culprit.

The penalty for complex crime is the penalty for the most serious crime, the same to be applied in its
maximum period. If the different crimes resulting from one single act are punished with the same
penalty, the penalty for any one of them shall be imposed, the same to be applied in the maximum
period. The same rule shall be observed when an offense is a necessary means to commit the other.
A complex crime of the second form may be committed by two persons.
But when one of the offenses, as a means to commit the other, was committed by one of the accused
by reckless imprudence, the accused who committed the crime by reckless imprudence is liable for his
acts only.

Example: Juan cooperated in the commission of the complex offense of estafa through falsification by
reckless imprudence by acts without which it could not have been accomplished, and this being a fact,
there would be no reason to exculpate him from liability. Even assuming he had no intention to defraud
Tomas if his co-defendants succeeded in attaining the purpose sought by the culprits, Juan’s
participation together w/ the participation of his co-defendants in the commission of the offense
completed all the elements necessary for the perpetration of the complex crime of estafa through
falsification of documents.

When two felonies constituting a complex crime are punishable by imprisonment and fine,
respectively, only the penalty of imprisonment shall be imposed.
When a single act constitutes two grave or less grave or one grave and another less grave, and the
penalty for one is imprisonment while that for the other is fine, the severity of the penalty for the more
serious crime should not be judged by the classification of each of the penalties involved, but by the
nature of the penalties.

Example: Even if the fine for damage to property through reckless imprudence is P40,000, an afflictive
penalty, and the penalty for the physical injuries resulting from the same act is only 4 mos of arresto
mayor, a correccional penalty may be imposed.

In the order of severity of the penalties, arresto mayor and arresto menor are considered more severe
than destierro and arresto menor is higher in degree than destierro.
Fine is not included in the list of penalties in the order of severity and it is the last in the order.

Art 48 applies only to cases where the Code doesn’t provide a specific penalty for a complex crime.
Art 48 doesn’t apply when the law provides one single penalty for single complex crimes like the ff:

a) robbery w/ homicide

b) robbery w/ rape

c) kidnapping w/ serious physical injuries

d) rape w/ homicide

When a complex crime is charged and one offense is not proven, the accused can be convicted of the
other.
Plurality of crimes – consists in the successive execution by the same individual of different criminal
acts upon any of w/c no conviction has yet been declared.
Kinds of plurality of crimes:

a) formal or ideal – only one criminal liability

b) real or material – there are different crimes in law as well as in the conscience of the offender, in
such cases, the offender shall be punished for each and every offense that he committed.

Example: Juan stabbed Pedro, then Juan stabbed Tomas too. There are 2 committed as 2 acts were
performed.
PLURALITY OF CRIMES RECIDIVISM
No conviction of the crimes committed There must be conviction by final judgment of the first prior
offense

Formal/ideal plural crimes are divided into 3 groups: (a person committing multiple crimes is punished
w/ one penalty in the ff cases)

a) when the offender commits any of the complex crimes defined in art 48

b) when the law specifically fixes a single penalty for 2 or more offenses committed: robbery w/
homicide, kidnapping w/ serious physical injuires

c) when the offender commits continued crimes

 Continued crimes – refers to a single crime consisting of a series of acts but all arising from one
criminal resolution. Although there is a series of acts, there is only one crime committed, so only one
penalty shall be imposed.
Examples of continued crimes:

a) a collector of a commercial firm misappropriates for his personal use several amounts collected by
him from different persons. There is only one crime because the different and successive appropriations
are but the different moments during which one criminal resolution arises.

b) Juan stole 2 books belonging to 2 different persons. He commits only one crime because there is
unity of thought in the criminal purpose of the offender.

A continued crime is not a complex crime as offender does not perform a single act but a series of
acts. Therefore:

a) penalty not to be imposed in the maximum

b) no actual provision punishing a continued crime – it’s a principle applied in connection w/ 2 or

more crimes committed w/ a single intention.

Continued crime is different from a transitory crime. Transitory crime is “moving crime”.

Example: kidnapping someone for ransom and moving him to another venue. The offenders can be
prosecuted and tried in either of the 2 areas.
REAL/MATERAIAL PLURALITY CONTINUED CRIME
There is a series of acts performed by the offender Same
Each act performed constitutes a separate crime because each act is generated by a criminal impulse
Different acts constitute only one crime because all of the acts performed arise from one
criminal resolution.

Art. 49. Penalty to be imposed upon the principals when the crime committed is different from that
intended. — In cases in which the felony committed is different from that which the offender intended
to commit, the following rules shall be observed:

1. If the penalty prescribed for the felony committed be higher than that corresponding to the
offense which the accused intended to commit, the penalty corresponding to the latter shall be imposed
in its maximum period.

2. If the penalty prescribed for the felony committed be lower than that corresponding to the one
which the accused intended to commit, the penalty for the former shall be imposed in its maximum
period.

3. The rule established by the next preceding paragraph shall not be applicable if the acts
committed by the guilty person shall also constitute an attempt or frustration of another crime, if the
law prescribes a higher penalty for either of the latter offenses, in which case the penalty provided for
the attempted or the frustrated crime shall be imposed in its maximum period.

Art 49 has reference to the provision in the 1st par of Art 4 which provides that criminal liability shall
be incurred “by any person committing a felony although the wrongful act done be different from that
which he intended”
Art 49 applicable only in cases when there is a mistake in identity of the victim of the crime and the
penalty for the crime committed is different from that for the crime intended to be committed.
Art 49 also has no application where a more serious consequence not intended by the offender befalls
the same person.

Example: Juan only wanted to inflict a wound upon Pedro but because he lost control of his right arm,
he killed Pedro. Art 49 not applicable.
ART 49 ART 48
Lesser penalty to be imposed in its maximum pd Penalty for the more serious crime shall be
imposed in its maximum pd

Notes:

Art. 49 has reference to Art. 4(1). It applies only when there is error in personae.
In Art. 49 (Paragraphs 1 and 2) the lower penalty in its maximum period is always imposed.
In Par. 3 the penalty for the attempted or frustrated crime shall be imposed in its maximum period.
This rule is not necessary and may well be covered by Art. 48, in view of the fact that the same act also
constitutes an attempt or a frustration of another crime.

Art. 50. Penalty to be imposed upon principals of a frustrated

crime. — The penalty next lower in degree than that prescribed by law for the consummated felony
shall be imposed upon the principal in a frustrated felony.

Art. 61. Rules for graduating penalties. — For the purpose of graduating the penalties which, according
to the provisions of Articles 50 to 57, inclusive, of this Code, are to be imposed upon persons guilty as
principals of any frustrated or attempted felony, or as accomplices or accessories, the following rules
shall be observed:

1. When the penalty prescribed for the felony is single and indivisible, the penalty next lower in
degrees shall be that immediately following that indivisible penalty in the respective graduated scale
prescribed in Article 71 of this Code.

2. When the penalty prescribed for the crime is composed of two indivisible penalties, or of one or
more divisible penalties to be impose to their full extent, the penalty next lower in degree shall be that
immediately following the lesser of the penalties prescribed in the respective graduated scale.

3. When the penalty prescribed for the crime is composed of one or two indivisible penalties and
the maximum period of another divisible penalty, the penalty next lower in degree shall be composed of
the medium and minimum periods of the proper divisible penalty and the maximum periods of the
proper divisible penalty and the maximum period of that immediately following in said respective
graduated scale.

4. when the penalty prescribed for the crime is composed of several periods, corresponding to
different divisible penalties, the penalty next lower in degree shall be composed of the period
immediately following the minimum prescribed and of the two next following, which shall be taken from
the penalty prescribed, if possible; otherwise from the penalty immediately following in the above
mentioned respective graduated scale.

5. When the law prescribes a penalty for a crime in some manner not especially provided for in
the four preceding rules, the courts, proceeding by analogy, shall impose corresponding penalties upon
those guilty as principals of the frustrated felony, or of attempt to commit the same, and upon
accomplices and accessories.

The rules provided in this Art should also apply in determining the minimum of the Indeterminate
Sentence Law (ISL). It also applies in lowering the penalty by one or two degrees by reason of the
presence of the privileged mitigating circumstance or when the penalty is divisible and there are two or
more mitigating circumstances.

Graduated Scale in Art 71

Indivisible Penalties:

a) Death

b) Reclusion Perpetua

Divisible Penalties:

a) Reclusion Temporal

b) Prision Mayor

c) Prision Correccional

d) Arresto Mayor

e) Destierro

f) Arresto Menor

g) Public Censure

h) Fine

Rule No. 1:

When the penalty is single and indivisible (ex. RP), the penalty next lower shall be reclusion temporal.
 Rule No. 2:

a) when the penalty is composed of two indivisible penalties

Ex. penalty for parricide is reclusion perpetua to death, the next lower penalty is reclusion temporal

b) when the penalty is composed of one or more divisible penalties to be imposed to their full extent

Ex. one divisible penalty is reclusion temporal. The penalty immediately following RT is prision mayor. 2
divisible penalties are prision correccional to prision mayor. The penalty immediately preceding the
lesser of the penalties of prision correccional to prision mayor is arresto mayor.

Rule No. 3:

When the penalty is composed of 2 indivisible penalties and the maximum period of a divisible penalty/
or when composed of one divisible penalty the maximum of one divisible penalty

Ex. penalty for murder is reclusion temporal to death. The point of reference will be on the proper
divisible penalty which is reclusion temporal. Under the 3rd rule, the penalty next lower to reclusion
temporal is composed of the medium and minimum periods of reclusion temporal and the maximum of
prision mayor.

Rule No.4:

When the penalty is composed of several periods

Ex. the “several” periods contemplated in this rule correspond to different divisible penalties. A penalty
of prision mayor in its medium period to reclusion temporal in its minimum period is an example of
such. The penalty immediately following the minimum of the entire sentence, which is prision mayor
medium, is prision mayor in its minimum and the 2 periods next following, which are prision
correccional max and medium.

Rule No.5:

When the penalty has only 2 periods

Ex. Abduction punishable by prision correccional in its medium and minimum. The next penalty
following is formed by 2 periods to be taken from the same penalty if possible or from the periods of the
penalty numerically following the lesser of the penalties prescribed. The penalty next following prision
correccional in its med and min shall be arresto mayor in its med and max.

Mitigating and Aggravating circumstances are first disregarded in the application of the rules for
graduating penalties. It is only after the penalty next lower in degree is already determined that the
mitigating and aggravating circumstances should be considered.
Art. 62. Effect of the attendance of mitigating or aggravating circumstances and of habitual delinquency.
— Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the
purpose of diminishing or increasing the penalty in conformity with the following rules:

1. Aggravating circumstances which in themselves constitute a crime specially punishable by law

or which are included by the law in defining a crime and prescribing the penalty therefor shall not be
taken into account for the purpose of increasing the penalty.

2. The same rule shall apply with respect to any aggravating circumstance inherent in the crime to
such a degree that it must of necessity accompany the commission thereof.

3. Aggravating or mitigating circumstances which arise from the moral attributes of the offender,
or from his private relations with the offended party, or from any other personal cause, shall only serve
to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such
circumstances are attendant.

4. The circumstances which consist in the material execution of the act, or in the means employed
to accomplish it, shall serve to aggravate or mitigate the liability of those persons only who had
knowledge of them at the time of the execution of the act or their cooperation therein.

5. Habitual delinquency shall have the following effects.

(a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last
crime of which he be found guilty and to the additional penalty of prision correccional in its medium and
maximum periods;

(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last
crime of which he be found guilty and to the additional penalty of prision mayor in its minimum and
medium periods; and

(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for
the last crime of which he be found guilty and to the additional penalty of prision mayor in its maximum
period to reclusion temporal in its minimum period.

Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the
offender, in conformity herewith, shall in no case exceed 30 years.

For the purpose of this article, a person shall be deemed to be habitual delinquent, is within a period of
ten years from the date of his release or last conviction of the crimes of serious or less serious physical
injuries, robo, hurto estafa or falsification, he is found guilty of any of said crimes a third time or oftener.

Par 1: Aggravating circumstances are not to be taken into account when:

a) they themselves constitute a crime

Ex. by “means of fire” – arson

b) they are included by law in the definition of a crime

 Par 2: Same rules applies when the aggravating circumstance is inherent in the crime
Par 3. Aggravating or mitigating circumstances arising from any of the ff affect only those to whom
such circumstances are attendant:

a) from the moral attributes of the offender

b) from his private relations w/ the offended party

c) from any other personal cause

Par 4: the circumstances w/c consist of the ff shall serve to aggravate and mitigate the liability only of
those who had knowledge of them at the time of the commission of the offense

a) material execution of the act

b) means employed to accomplish the crime

Par 5: Habitual Delinquent is a person who within the period of 10 years from the date of his (last)
release or last conviction of the crimes of:

a) serious or less serious physical injuries

b) robbery

c) estafa

d) falsification

is found guilty of any of the said crimes a third time or oftener.

Ten year period to be computed from the time of last release or conviction
Subsequent crime must be committed after conviction of the former crime. Cases still pending are not
to be taken into consideration.

HABITUAL DELINQUENCY RECIDIVISM

Crimes to be committed are specified Same title
W/ in 10 years No time fixed by law
Must be found guilty 3rd time or oftener Second conviction
Additional penalty is imposed Is not offset by MC, increases penalty to maximum

Rulings on Habitual Delinquency:

a) the law on habitual delinquency does not contemplate the exclusion from the computation of prior
conviction those falling outside the 10 yr pd immediately preceding the crime for w/c the defendant is
being tried
b) ten yr pd is counted not from the date of commission of the subsequent offense but to the date of
conviction thereof in relation to the date of his last release or last conviction

c) when an offender has committed several crimes mentioned in the definition of habitual
delinquent, without being first convicted of any of them before committing the others, he is not a
habitual delinquent

d) convictions on the same day or at about the same time are considered as one only (days, weeks..)

e) crimes committed on the same date, although convictions on different dates are considered as one

f) previous convictions are considered every time a new offense is committed

g) commissions of those crimes need not be consummated

h) habitual delinquency applies to accomplice and accessories as long as in the crimes specified

i) a crime committed in the minority of the offender is not counted

j) imposition of additional penalty is mandatory and constitutional

k) modifying circumstances applicable to additional penalty

l) habitual delinquency is not a crime, it is simply a fact or circumstance which if present gives rise to
the imposition of additional penalty

m) penalty for habitual delinquency is a real penalty that determines jurisdiction

n) a habitual delinquent is necessarily a recidivist

o) in imposing the additional penalty, recidivism is not aggravating. The additional penalty must be
imposed in its minimum

p) an offender can be a habitual delinquent w/o being a recidivist

Notes:

In no case shall be the total penalties imposed upon the offender exceed 30 years
The law does not apply to crimes described in Art. 155
The imposition of the additional penalties on habitual delinquents are constitutional, it is simply a
punishment on future crimes on account of the criminal propensities of the accused.
The imposition of such additional penalties are mandatory.
Habitual delinquency applies at any stage of the execution because subjectively, the offender reveals
the same degree of depravity or perversity as the one who commits a consummated crime.
Habitual delinquency applies to all participants because it reveals persistence in them of the
inclination to wrongdoing and of the perversity of character that led them to commit the previous
crime.
 Cases where the attending aggravating or mitigating circumstances are not considered in the
imposition of penalties.
Penalty that is single and indivisible
Felonies through negligence
Penalty is a fine
Penalty is prescribed by a special law

Art. 63. Rules for the application of indivisible penalties. — In all cases in which the law prescribes a
single indivisible penalty, it shall be applied by the courts regardless of any mitigating or aggravating
circumstances that may have attended the commission of the deed.

In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following
rules shall be observed in the application thereof:

1. When in the commission of the deed there is present only one aggravating circumstance, the
greater penalty shall be applied.

2. When there are neither mitigating nor aggravating circumstances and there is no aggravating
circumstance, the lesser penalty shall be applied.

3. When the commission of the act is attended by some mitigating circumstances and there is no
aggravating circumstance, the lesser penalty shall be applied.

4. When both mitigating and aggravating circumstances attended the commission of the act, the
court shall reasonably allow them to offset one another in consideration of their number and
importance, for the purpose of applying the penalty in accordance with the preceding rules, according
to the result of such compensation.

Art 63 applies only when the penalty prescribed by the Code is either one indivisible penalty or 2
indivisible penalties
When the penalty is composed of 2 indivisible penalties, the penalty cannot be lowered by one degree
no matter how many mitigating circumstances are present
Exception: in cases of privileged mitigating circumstances
Par.4: the moral value rather than the numerical weight shall be taken into account
Rules for the application of indivisible penalties
Penalty is single and indivisible – applied regardless of the presence of aggravating and mitigating
circumstances
Penalty composed of two indivisible penalties

One aggravating circumstance present – higher penalty

One mitigating circumstance present – lower penalty
Some mitigating circumstances present and no aggravating – lower penalty
Mitigating and Aggravating Circumstance are present – basis in number and importance

Art. 64. Rules for the application of penalties which contain three periods. — In cases in which the
penalties prescribed by law contain three periods, whether it be a single divisible penalty or composed
of three different penalties, each one of which forms a period in accordance with the provisions of
Articles 76 and 77, the court shall observe for the application of the penalty the following rules,
according to whether there are or are not mitigating or aggravating circumstances:

1. When there are neither aggravating nor mitigating circumstances, they shall impose the penalty
prescribed by law in its medium period.

2. When only a mitigating circumstances is present in the commission of the act, they shall impose
the penalty in its minimum period.

3. When an aggravating circumstance is present in the commission of the act, they shall impose
the penalty in its maximum period.

4. When both mitigating and aggravating circumstances are present, the court shall reasonably
offset those of one class against the other according to their relative weight.

5. When there are two or more mitigating circumstances and no aggravating circumstances are
present, the court shall impose the penalty next lower to that prescribed by law, in the period that it
may deem applicable, according to the number and nature of such circumstances.

6. Whatever may be the number and nature of the aggravating circumstances, the courts shall not
impose a greater penalty than that prescribed by law, in its maximum period.

7. Within the limits of each period, the court shall determine the extent of the penalty according
to the number and nature of the aggravating and mitigating circumstances and the greater and lesser
extent of the evil produced by the crime.

Art 64 applies when the penalty has 3 periods because they are divisible. If the penalty is composed of
3 different penalties, each forms a period according to Art 77
Par 4: the mitigating circumstances must be ordinary, not privileged. The aggravating circumstances
must be generic or specific, not qualifying or inherent.

Example: a qualifying circumstance (treachery) cannot be offset by a generic mitigating circumstance

(voluntary circumstance)

The court has discretion to impose the penalty within the limits fixed by law
Art 64 not applicable when the penalty is indivisible or prescribed by special law or a fine
Rules for the application of divisible penalties
No aggravating and no mitigating circumstances – medium period
One mitigating circumstance – minimum period
One aggravating circumstance – maximum period
Mitigating and aggravating circumstance o offset each other and according to relative weight
2 or more mitigating without any aggravating circumstance – on degree lower

Art. 65. Rule in cases in which the penalty is not composed of three periods. — In cases in which the
penalty prescribed by law is not composed of three periods, the courts shall apply the rules contained in
the foregoing articles, dividing into three equal portions of time included in the penalty prescribed, and
forming one period of each of the three portions.
COMPUTATIONS:

A. Example: Prision Mayor (6 yrs, 1 day to 12 yrs)

1) subtract the minimum (disregard 1 day) from the maximum

12yrs – 6yrs = 6 yrs

2) divide the difference by 3

6 yrs / 3 = 2 yrs

3) use the minimum (6 yrs and 1 day) as the minimum of the minimum period. Then add the 2 yrs
(disregarding the 1 day) to the minimum to get the maximum of the minimum

6 yrs (minimum of the minimum)

+ 2 yrs (difference)

——————————————-

8 yrs (maximum of the minimum).

Therefore, minimum period of prision mayor; 6 yrs 1 day to 8 yrs

4) use the maximum of the minimum period as the minimum of the medium period and add 1 day to
distinguish from the minimum period. Then add 2 years to the minimum of the medium (disregarding
the 1 day) to get the maximum of the medium period.

8 yrs (minimum of the medium)

+ 2 yrs (difference)

——————————————-

10 yrs (maximum of the medium)

Therefore, medium period of prision mayor; 8 yrs 1 day to 10 yrs

5) use the maximum of the medium period as the minimum of the maximum pd, add 1 day to
distinguish it from the medium period. Then add 2 yrs to the minimum of the maximum pd (disregarding
the 1 day) to get the maximum of the maximum period)

10 yrs (maximum of the medium)

+ 2 yrs (difference)
———————————————-

12 yrs (maximum of the maximum)

Therefore, maximum period of prision mayor; 10 yrs 1 day to 12 yrs

Computation above applicable to all others except arresto mayor

B. Example: Prision Mayor minimum (6 yrs 1 day to 8 yrs) only

1) Subtract minimum from the maximum

8yrs – 6yrs = 2 yrs

2) Divide the difference by 3

2yrs / 3 = 8 months

3) Use the minimum of the given example as the minimum period. Then to get to get the maximum of
the minimum, add the 8 months

6 yrs + 8 months = 6 yrs and 8 months

Therefore, minimum of prision mayor minimum; 6 yrs 1 day to 6 yrs 8 months

4) Use the maximum of the minimum as the minimum of the medium period. Add 1 day to distinguish
it from the maximum of the minimum. Add the 8 months and this becomes the maximum of the
medium

6 yrs 8 months + 8 months = 7 yrs 4 months

Therefore, the medium period of prision mayor minimum; 6 yrs 8 mos 1 day to 7 yrs 4 mos

5) Use the maximum of the medium as the minimum period of the maximum period and add 1 day to
distinguish. Add the 8 months to get the maximum of this maximum

7 yrs 4 mos + 8 mos = 8 yrs

Therefore, maximum of prision mayor; 7 yrs 4 mos 1 day to 8 yrs

Art. 66. Imposition of fines. — In imposing fines the courts may fix any amount within the limits
established by law; in fixing the amount in each case attention shall be given, not only to the mitigating
and aggravating circumstances, but more particularly to the wealth or means of the culprit.

Court must consider the following in imposing the fine:

a) mitigating and aggravating circumstances

b) the wealth and means of the culprit

When the minimum of the fine is not fixed, the court shall have the discretion provided it does not
exceed the amount authorized by law

Art. 67. Penalty to be imposed when not all the requisites of exemption of the fourth circumstance of
Article 12 are present.— When all the conditions required in circumstances Number 4 of Article 12 of
this Code to exempt from criminal liability are not present, the penalty of arresto mayor in its maximum
period to prision correccional in its minimum period shall be imposed upon the culprit if he shall have
been guilty of a grave felony, and arresto mayor in its minimum and medium periods, if of a less grave
felony.

Requisites of Art 12 par 4

a) act causing the injury must be lawful

b) act performed w/ due care

c) injury was caused by mere accident

d) no fault or intention to cause injury

if these conditions are not all present, then the ff penalties shall be imposed:

a) grave felony – arresto mayor max to prision correccional min

b) less grave felony – arresto mayor min to arresto mayor med

Art. 68. Penalty to be imposed upon a person under eighteen years of age. — When the offender is a
minor under eighteen years and his case is one coming under the provisions of the paragraphs next to
the last of Article 80 of this Code, the following rules shall be observed:

1. Upon a person under fifteen but over nine years of age, who is not exempted from liability by
reason of the court having declared that he acted with discernment, a discretionary penalty shall be
imposed, but always lower by two degrees at least than that prescribed by law for the crime which he
committed.

2. Upon a person over fifteen and under eighteen years of age the penalty next lower than that
prescribed by law shall be imposed, but always in the proper period.

Notes:

Art. 68 applies to such minor if his application for suspension of sentence is disapproved or if while in
the reformatory institution he becomes incorrigible in which case he shall be returned to the court for
the imposition of the proper penalty.
Art. 68 provides for 2 privileged mitigating circumstances
If the act is attended by two or more mitigating circumstance and no aggravating circumstance, the
penalty being divisible a minor over 15 but under 18 may still get a penalty two degrees lower.

under 15 but over 9 and has acted w/ discretion: 2 degrees lower

under 18 but over 15: 1 degree lower

Art. 69. Penalty to be imposed when the crime committed is not wholly excusable. — A penalty lower by
one or two degrees than that prescribed by law shall be imposed if the deed is not wholly excusable by
reason of the lack of some of the conditions required to justify the same or to exempt from criminal
liability in the several cases mentioned in Article 11 and 12, provided that the majority of such
conditions be present. The courts shall impose the penalty in the period which may be deemed proper,
in view of the number and nature of the conditions of exemption present or lacking.

Penalty to be imposed when the crime committed is not wholly excusable

1 or 2 degrees lower if the majority of the conditions for justification or exemption in the cases
provided in Arts. 11 and 12 are present.

Art. 70. Successive service of sentence. — When the culprit has to serve two or more penalties, he shall
serve them simultaneously if the nature of the penalties will so permit otherwise, the following rules
shall be observed:

In the imposition of the penalties, the order of their respective severity shall be followed so that they
may be executed successively or as nearly as may be possible, should a pardon have been granted as to
the penalty or penalties first imposed, or should they have been served out.

For the purpose of applying the provisions of the next preceding paragraph the respective severity of
the penalties shall be determined in accordance with the following scale:

1. Death,

2. Reclusion perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional,

6. Arresto mayor,

7. Arresto menor,

8. Destierro,

9. Perpetual absolute disqualification,

10 Temporal absolute disqualification.

11. Suspension from public office, the right to vote and be voted for, the right to follow a
profession or calling, and

12. Public censure.

Notwithstanding the provisions of the rule next preceding, the maximum duration of the convict’s
sentence shall not be more than three-fold the length of time corresponding to the most severe of the
penalties imposed upon him. No other penalty to which he may be liable shall be inflicted after the sum
total of those imposed equals the same maximum period.

Such maximum period shall in no case exceed forty years.

In applying the provisions of this rule the duration of perpetual penalties ( pena perpetua) shall be
computed at thirty years. (As amended).

Maximum duration of the convict’s sentence: 3 times the most severe penalty
Max period shall not exceed 40 years
Subsidiary imprisonment – this shall be excluded in computing for the maximum duration

Example: Juan has 10 sentences of 6 months and 1 day each and a fine of 1000. He was not able to pay
the fine. Therefore, he must serve subsidiary penalty after 18 months and 3 days in jail.

Art. 71. Graduated scales. — In the case in which the law prescribed a penalty lower or higher by one or
more degrees than another given penalty, the rules prescribed in Article 61 shall be observed in
graduating such penalty.

The lower or higher penalty shall be taken from the graduated scale in which is comprised the given
penalty.

The courts, in applying such lower or higher penalty, shall observe the following graduated scales:

SCALE NO. 1

1. Death,

2. Reclusion perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional,

6. Arresto mayor,

7. Destierro,

8. Arresto menor,
9. Public censure,

10. Fine.

SCALE NO. 2

1. Perpetual absolute disqualification,

2. Temporal absolute disqualification

3. Suspension from public office, the right to vote and be

voted for, the right to follow a profession or calling,

4. Public censure,

5. Fine.

Art. 72. Preference in the payment of the civil liabilities. — The civil liabilities of a person found guilty of
two or more offenses shall be satisfied by following the chronological order of the dates of the
judgments rendered against him, beginning with the first in order of time.

the penalties shall be satisfied according to the scale of Art 70

Art. 73. Presumption in regard to the imposition of accessory

penalties. — Whenever the courts shall impose a penalty which, by provision of law, carries with it other
penalties, according to the provisions of Articles 40, 41, 42, 43 and 44 of this Code, it must be
understood that the accessory penalties are also imposed upon the convict.

subsidiary penalties are deemed imposed. However, the subsidiary imprisonment must be expressly
stated in the decision.

Art. 74. Penalty higher than reclusion perpetua in certain cases. — In cases in which the law prescribes a
penalty higher than another given penalty, without specially designating the name of the former, if such
higher penalty should be that of death, the same penalty and the accessory penalties of Article 40, shall
be considered as the next higher penalty.

if the decision or law says higher than RP or 2 degrees than RT, then the penalty imposed is RP or RT
as the case may be. Death must be designated by name. However, for the other penalties, this does not
apply.
Example: the penalty for crime X is 2 degrees lower than RP. The penalty imposed is prision mayor.

Art. 75. Increasing or reducing the penalty of fine by one or more degrees. — Whenever it may be
necessary to increase or reduce the penalty of fine by one or more degrees, it shall be increased or
reduced, respectively, for each degree, by one-fourth of the maximum amount prescribed by law,
without however, changing the minimum.

The same rules shall be observed with regard of fines that do not consist of a fixed amount, but are
made proportional.

To get the lower degree:

Max: reduce by one-fourth
Min: the same

Art. 76. Legal period of duration of divisible penalties. — The legal period of duration of divisible
penalties shall be considered as divided into three parts, forming three periods, the minimum, the
medium, and the maximum in the manner shown in the following table:

Art. 77. When the penalty is a complex one composed of three distinct penalties. — In cases in which
the law prescribes a penalty composed of three distinct penalties, each one shall form a period; the
lightest of them shall be the minimum the next the medium, and the most severe the maximum period.

Whenever the penalty prescribed does not have one of the forms specially provided for in this Code, the
periods shall be distributed, applying by analogy the prescribed rules.

if there are 3 distinct penalties; there shall be a minimum, a medium and a maximum

Example: Reclusion temporal max to death

Art. 78. When and how a penalty is to be executed. — No penalty shall be executed except by
virtue of a final judgment.

A penalty shall not be executed in any other form than that prescribed by law, nor with any other
circumstances or incidents than those expressly authorized thereby.

In addition to the provisions of the law, the special regulations prescribed for the government of the
institutions in which the penalties are to be suffered shall be observed with regard to the character of
the work to be performed, the time of its performance, and other incidents connected therewith, the
relations of the convicts among themselves and other persons, the relief which they may receive, and
their diet.
The regulations shall make provision for the separation of the sexes in different institutions, or at least
into different departments and also for the correction and reform of the convicts.

Only penalty by final judgment can be executed. Judgment is final if the accused has not appealed
within 15 days or he has expressly waived in writing that he will not appeal.

There could be no subsidiary liability if it was not expressly ordered in the judgment

Art. 79. Suspension of the execution and service of the penalties in case of insanity. — When a
convict shall become insane or an imbecile after final sentence has been pronounced, the execution of
said sentence shall be suspended only with regard to the personal penalty, the provisions of the second
paragraph of circumstance number 1 of article 12 being observed in the corresponding cases.

If at any time the convict shall recover his reason, his sentence shall be executed, unless the penalty
shall have prescribed in accordance with the provisions of this Code.

The respective provisions of this section shall also be observed if the insanity or imbecility occurs while
the convict is serving his sentence

Cases of insanity:

a) after final sentence, suspend the sentence regarding the personal penalties

b) if he recovers, the sentence is executed unless it has prescribed

c) the payment of civil of pecuniary liabilities shall not be suspended

Art 80 (as amended by PD 603: Child and Youth Welfare Code)

a) youthful offender – over 9 but under 18 at time of the commission of the offense

b) a youthful offender held for examination or trial who cannot furnish bail will be committed to the
DSWD/local rehab center or detention home

c) judgment of the court shall not be pronounced but suspended except for the ff cases:

those who previously enjoyed a suspension of sentence

those convicted of death or life imprisonment
those convicted for an offense by the military tribunals

d) the DSWD may dismiss the case if the youth behaves properly

e) the records of the proceeding shall be privileged and shall not be disclosed

f) the civil liability of the youthful offender may be voluntary assumed by a relative or a friend
g) the parent or guardian of the child is liable when he aids, abets or connives w/ the commission of
the crime or does an act producing, promoting or contributing to the child’s being a juvenile delinquent.

h) The penalties for the parent or guardian: Fine not exceeding 500 and/or imprisonment not
exceeding 2 years